Amendment 729· Data Act Article 32c(1)(ba) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
(ba) In Article 32c, paragraph 1, the following point is inserted
Point it would add
(ba)they shall provide that, in the event of insolvency, data subjects have an opportunity to exercise their rights, ensuring a reasonable continuity of the provision of its data intermediation services and, where such data intermediation services ensure the storage of data, shall have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve their data and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights;'
Data Act Article 32c with this amendment
Amendment 729 applied to the Commission proposal, no other amendment
In order to qualify for registration in the public Union register referred to in Article 32a paragraph 1 point (a), a data intermediation services provider shall meet all of the following requirements:
Unchanged: (a) and (b)
they do not use the data for which it provides data intermediation services for purposes other than to put them at the disposal of data users;
the data they collect with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses the data intermediation service, are used only for the development of that data intermediation service;
they shall provide that, in the event of insolvency, data subjects have an opportunity to exercise their rights, ensuring a reasonable continuity of the provision of its data intermediation services and, where such data intermediation services ensure the storage of data, shall have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve their data and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights;'
+NewUnchanged: (c), (d) and (e)
where they offer additional tools and services to data holders or data subjects for the specific purpose of facilitating the exchange of data, such as temporary storage, curation, conversion, encryption, anonymisation and pseudonymisation, such tools and services are used only at the explicit request or approval of the data holder or data subject;
where data intermediation service providers which are not micro and small sized enterprises offer value-added services to their clients other than the services referred to in point (c), they fulfil the following conditions:
the value-added services are explicitly requested by the user;
the data are not used for other purposes than performing the value-added service;
the value-added services are offered through a functionally separate entity;
the undertaking seeking to offer the value-added services is not designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;
the commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user are not dependent upon whether the data holder or data user uses value-added services provided by the data intermediation services provider or by a related entity;
the data intermediation services provider offering services to data subjects acts in the data subjects’ best interest where it facilitates the exercise of their rights, in particular by informing and, where appropriate, advising data subjects in a concise, transparent, intelligible and easily accessible manner about intended data uses by data users and standard terms and conditions attached to such uses before data subjects give consent.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 32c(1)(ba) (new).
Cite this amendment
Amendment 729 (Elena Sancho Murillo and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 527–776 to the draft report on COM(2025) 837 (CJ72-AM-791071, PE791.071v01-00, 27 July 2026), pp. 149–150
Link, short form and official text
Amendment 729 (Elena Sancho Murillo and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 527–776 to the draft report on COM(2025) 837 (CJ72-AM-791071, PE791.071v01-00, 27 July 2026), pp. 149–150
ITRE–LIBE Amendment 729 (CJ72-AM-791071), p. 149